Detailed Action
This is the final office action for US application number 18/768,520. Claims are evaluated as filed on May 8, 2026.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant's arguments filed May 8, 2026 have been fully considered but they are not persuasive. The rejections in this office action have been amended to address the amended claims. Examiner asserts that Fischer, Huebner, and Gephart teach all the newly-amended limitations and are capable of performing the functions as claimed. Examiner directs Applicant to the rejection below for a more in-depth description of the limitations.
With regards to Applicant’s argument that claim 3 has been amended as suggested by the Examiner (Remarks p. 7), Examiner notes that, while claim 3 has been amended, such did not provide the scope as interpreted by the Examiner in the non-final office action. Examiner has amended the rejection under 35 USC 112b accordingly and provided an exemplary amendment that could be made to claim the interpretation that appears to be desired.
With regards to Applicant’s argument that Fischer fails to disclose a groove configured to catch and release on a shoulder portion of the aperture as now claimed and the interpreted groove is not configure to possibly catch and release on a shoulder as required by the claim as Fischer’s bone plate does not include a so-called shoulder portion but instead has cylindrical apertures (Remarks p. 8-11), Examiner notes that paragraph 31 provides that, in the cited embodiment that does not thread into the bone plate, the anchor uses bias, lock, and catch mechanisms. As annotated in the rejection below and shown in Fischer Figs. 7 and 8, the anchor includes a groove. As shown in Fig. 1, the bone plate apertures include a catch that forms a shoulder. That is, in the interest of clarity, Examiner has enlarged and annotate a portion of Fig. 1 below. Examiner notes that Applicant has noted that Fischer’s bone plate has cylindrical apertures; however, there are no claim limitations that provide that the claimed invention has a particular shape of aperture. Applicant has also referred to the groove as a ‘so-called groove’; however, the interpretations provided are well within a BRI of the claimed invention. Thus, Examiner suggests amending to define the intended aperture shape and/or groove features.
PNG
media_image1.png
484
677
media_image1.png
Greyscale
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
As to claim 5, the specification appears to lack proper antecedent basis for “a shoulder portion of the bone plate aperture” of lines 3-4 that “extends radially inwardly from a wall of the bone plate aperture” in lines 4-5 that is in addition to that of claim 1 lines 2-3. Further, the specification appears to lack proper antecedent basis for the “the groove catches on a shoulder portion of the bone plate aperture” of lines 3-4 that is in addition to that of claim 1 lines 9-10. That is, a total of such two shoulder portions do not appear to be described in the specification, shown in the drawings, or originally claimed. Thus, the specification fails to provide proper antecedent basis for “a shoulder portion of the bone plate aperture” of lines 3-4 that “extends radially inwardly from a wall of the bone plate aperture” in lines 4-5 and “the groove catches on a shoulder portion of the bone plate aperture” of lines 3-4. Examiner suggests cancelling claim 5.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “a shoulder portion of the bone plate aperture” of claim 5 lines 3-4 that “extends radially inwardly from a wall of the bone plate aperture” in claim 5 lines 4-5 that is in addition to that of claim 1 lines 2-3 and “the groove catches on a shoulder portion of the bone plate aperture” of claim 5 lines 3-4 that is in addition to that of claim 1 lines 9-10 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim(s) 15 is/are objected to because of the following informalities:
Claim 15 line 4 should read “an interior wall of the bone plate aperture[[ and]];”.
Appropriate correction is required.
Applicant is advised that should claim 6 be found allowable, claim 14 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim(s) 5 is/are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention.
As to claim 5, “a shoulder portion of the bone plate aperture” of lines 3-4 that “extends radially inwardly from a wall of the bone plate aperture” in lines 4-5 that is in addition to that of claim 1 lines 2-3 appears to be new matter. Further, the “the groove catches on a shoulder portion of the bone plate aperture” of lines 3-4 that is in addition to that of claim 1 lines 9-10 appears to be new matter. That is, a total of such two shoulder portions do not appear to be described in the specification, shown in the drawings, or originally claimed. Thus, “a shoulder portion of the bone plate aperture” of lines 3-4 that “extends radially inwardly from a wall of the bone plate aperture” in lines 4-5 and “the groove catches on a shoulder portion of the bone plate aperture” of lines 3-4 constitute new matter. Examiner suggests cancelling claim 5.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim(s) 3 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claim(s) 3 is/are unclear with regards to “each compressible finger of the plurality of compressible fingers comprises only a single groove” in lines 2-3 relative to the groove of each finger of claim 1 line 7 and the intended effect of claiming that there is only a single groove in addition to a groove or if the single groove is intended to further limit over the claimed groove. Examiner is interpreting this as intended to recite a total of one groove per finger as shown for the elected species and suggests amending to clarify. For example, “wherein the groove of each compressible finger of the plurality of compressible fingers comprises only a single groove”.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3 and 5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fisher et al. (US 2009/0287215, hereinafter “Fisher”).
As to claim 1, Fisher discloses a cerclage cable system (Figs. 1, 7, and 8, ¶31; where ¶31 discloses use of cable anchor 64 with plate 12 of Fig. 1 via a catch mechanism) comprising: a bone plate (12, Fig. 1, ¶31; where ¶31 discloses use of cable anchor 64 with plate 12 of Fig. 1) comprising a plurality of bone plate apertures (24s), wherein each bone plate aperture comprises a shoulder portion (“catch” of ¶31, Figs. 1, 7, and 8, ¶s 30 and 31, where ¶30 discloses protrusion 70, ¶31 discloses that the plate is not threaded but used a catch mechanism) extending radially inward from an interior wall of the bone plate aperture (Fig. 1, ¶31 discloses that the plate is not threaded but used a catch mechanism) and the bone plate is capable of being affixed to a bone (Fig. 1); one or more cable anchors (64) comprising a body (Figs. 7 and 8) comprising a proximal end (see illustration of Fig. 8, Figs. 7 and 8) and a distal end (see illustration of Fig. 8, Figs. 7 and 8), wherein at least one cable anchor aperture (74) is disposed toward the proximal end (as defined, Figs. 7 and 8), wherein the distal end of the cable anchor comprises a plurality of compressible fingers (682) each comprising a groove (see illustration of Fig. 8, Figs. 7 and 8) and is capable of being inserted into and received by one of the plurality of bone plate apertures (Figs. 1, 7, and 8, ¶31) such that the groove of each compressible finger is capable of catching and releasing on the shoulder portion of the one of the plurality of bone plate aperture (Figs. 1, 7, and 8, ¶s 30 and 31, where ¶30 discloses protrusion 70, ¶31 discloses that the plate is not threaded but used a catch mechanism); and one or more cerclage cables (14, Fig. 1) comprising two terminal ends (Fig. 1), wherein the one or more cerclage cables are wrapped around the bone (Fig. 1), and one terminal end of the two terminal ends is passed through the at least one cable anchor aperture (Fig. 1, ¶s 30-32).
As to claim 2, Fisher discloses that the groove of each compressible finger is oriented perpendicular to a longitudinal axis of its respective compressible finger (see illustration of Fig. 8, Figs. 7 and 8).
As to claim 3, Fisher discloses that each compressible finger of the plurality of compressible fingers comprises only a single groove (see illustration of Fig. 8, Figs. 7 and 8).
PNG
media_image2.png
428
879
media_image2.png
Greyscale
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 6 and 14-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fisher et al. (US 2009/0287215, hereinafter “Fisher”) in view of Huebner et al. (US 6,017,347, hereinafter “Huebner”).
As to claim 6, Fisher discloses the invention of claim 1 as well as a surgical connector (18) comprising two lumens (Fig. 1), wherein the lumens are capable of receiving the two terminal ends of the one or more cerclage cables (Fig. 1, ¶18).
Fisher is silent to surgical connector being a crimp and the lumens being parallel.
Huebner teaches a similar surgical connector (200) capable of use for receiving two terminal ends (Fig. 20) of a cerclage cable (Fig. 20), wherein the surgical connector is a crimp (col. 4 lines 39-43) comprising two parallel lumens (Figs. 16-19, col. 4 lines 34- 35), wherein the lumens are capable of receiving the two terminal ends of the one or more cerclage cables (Fig. 20); and securing the two terminal ends of the one or more cerclage cables with the crimp by deforming the crimp with a crimp tool (21, tool of col. 4 lines 18-21, Figs. 3, 4, and 20, col. 4 lines 37-43).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify the surgical connector and its two lumens as disclosed by Fisher to be a crimp with two parallel lumens and a crimp tool as taught by Huebner in order to secure a cerclage cable (Huebner col. 1 lines 51) by deforming the crimp toward a recess to interlockingly engage the cerclage cable (Huebner col. 1 lines 45-47), i.e. to provide a known alternate surgical connector for a cerclage cable.
As to claim 14, Fisher discloses a cerclage cable system (Figs. 1, 7, and 8, ¶31; where ¶31 discloses use of cable anchor 64 with plate 12 of Fig. 1) comprising: a bone plate (12, Fig. 1, ¶31; where ¶31 discloses use of cable anchor 64 with plate 12 of Fig. 1) comprising a plurality of bone plate apertures (24s), wherein each bone plate aperture comprises a shoulder portion (“catch” of ¶31, Figs. 1, 7, and 8, ¶s 30 and 31, where ¶30 discloses protrusion 70, ¶31 discloses that the plate is not threaded but used a catch mechanism) extending radially inward from an interior wall of the bone plate aperture (Fig. 1, ¶31 discloses that the plate is not threaded but used a catch mechanism) and the bone plate is capable of being affixed to a bone (Fig. 1); one or more cable anchors (64) comprising a body (Figs. 7 and 8) comprising a proximal end (see illustration of Fig. 8, Figs. 7 and 8) and a distal end (see illustration of Fig. 8, Figs. 7 and 8), wherein at least one cable anchor aperture (74) is disposed toward the proximal end (as defined, Figs. 7 and 8), wherein the distal end of the cable anchor comprises a plurality of compressible fingers (682) each comprising a groove (see illustration of Fig. 8, Figs. 7 and 8) and is capable of being inserted into and received by one of the plurality of bone plate apertures (Figs. 1, 7, and 8, ¶31) such that the groove of each compressible finger is capable of catching and releasing on the shoulder portion of the one of the plurality of bone plate aperture (Figs. 1, 7, and 8, ¶s 30 and 31, where ¶30 discloses protrusion 70, ¶31 discloses that the plate is not threaded but used a catch mechanism); one or more cerclage cables (14, Fig. 1) comprising two terminal ends (Fig. 1), wherein the one or more cerclage cables are wrapped around the bone (Fig. 1), and one terminal end of the two terminal ends is passed through the at least one cable anchor aperture (Fig. 1, ¶s 30-32); and a surgical connector (18) comprising two lumens (Fig. 1), wherein the lumens are capable of receiving the two terminal ends of the one or more cerclage cables (Fig. 1, ¶18).
Fisher is silent to surgical connector being a crimp and the lumens being parallel.
Huebner teaches a similar surgical connector (200) capable of use for receiving two terminal ends (Fig. 20) of a cerclage cable (Fig. 20), wherein the surgical connector is a crimp (col. 4 lines 39-43) comprising two parallel lumens (Figs. 16-19, col. 4 lines 34- 35), wherein the lumens are capable of receiving the two terminal ends of the one or more cerclage cables (Fig. 20); and securing the two terminal ends of the one or more cerclage cables with the crimp by deforming the crimp with a crimp tool (21, tool of col. 4 lines 18-21, Figs. 3, 4, and 20, col. 4 lines 37-43).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify the surgical connector and its two lumens as disclosed by Fisher to be a crimp with two parallel lumens and a crimp tool as taught by Huebner in order to secure a cerclage cable (Huebner col. 1 lines 51) by deforming the crimp toward a recess to interlockingly engage the cerclage cable (Huebner col. 1 lines 45-47), i.e. to provide a known alternate surgical connector for a cerclage cable.
As to claims 15 and 16, Fisher discloses a method (Figs. 1, 7, and 8, ¶31; where ¶31 discloses use of cable anchor 64 with plate 12 of Fig. 1) comprising: positioning a bone plate (12, Fig. 1, ¶31; where ¶31 discloses use of cable anchor 64 with plate 12 of Fig. 1) over a bone (20) having a fracture (22, Fig. 1, ¶17), wherein the bone plate comprises a plurality of bone plate apertures (24s) wherein each bone plate aperture comprises a shoulder portion (“catch” of ¶31, Figs. 1, 7, and 8, ¶s 30 and 31, where ¶30 discloses protrusion 70, ¶31 discloses that the plate is not threaded but used a catch mechanism) extending radially inward from an interior wall of the bone plate aperture (Fig. 1, ¶31 discloses that the plate is not threaded but used a catch mechanism); inserting a cable anchor (64) comprising a body (Figs. 7 and 8) comprising a proximal end (see illustration of Fig. 8, Figs. 7 and 8) and a distal end (see illustration of Fig. 8, Figs. 7 and 8), wherein at least one cable anchor aperture (74) is disposed toward the proximal end (as defined, Figs. 7 and 8), and the distal end of the cable anchor comprises a plurality of compressible fingers (682) each comprising a groove (see illustration of Fig. 8, Figs. 7 and 8) and is capable of being inserted into and received by one of the plurality of bone plate apertures (Figs. 1, 7, and 8, ¶31) such that the groove of each compressible finger is capable of catching and releasing on the shoulder portion of the one of the plurality of bone plate aperture (Figs. 1, 7, and 8, ¶s 30 and 31, where ¶30 discloses protrusion 70, ¶31 discloses that the plate is not threaded but used a catch mechanism); wrapping a cerclage cable (14, Fig. 1) around the bone (Fig. 1, ¶17), wherein the cerclage cable comprises two terminal ends (Fig. 1); passing at least one terminal end of the two terminal ends through the at least one cable anchor aperture (Fig. 1, ¶s 30-32); and securing the two terminal ends of the cerclage cable with a surgical connector (18, Fig. 1, ¶18), wherein the surgical connector comprises two lumens (Fig. 1), wherein the lumens capable of receiving the terminal ends of the cerclage cable (Fig. 1, ¶18). As to claim 16, Fisher discloses tightening the cerclage cable with a tensioner (Fig. 1 shows the cable tensioned, ¶17 discloses that the bone plate is secured to the bone, i.e. has been sufficiently tensioned by a tensioner).
Fisher is silent to surgical connector being a crimp and the lumens being parallel.
Huebner teaches a similar surgical method (Fig. 20) comprising: wrapping a cerclage cable (14) around the bone (shown in Fig. 5 for a similar embodiment), wherein the cerclage cable comprises two terminal ends (Fig. 20); and securing the two terminal ends of the cerclage cable with a surgical connector (200) that is a crimp (200, Fig. 20, col. 4 lines 39-43), wherein the crimp comprises two parallel lumens (Figs. 16-19, col. 4 lines 34- 35), wherein the lumens are capable of receiving the terminal ends of the cerclage cable (Fig. 20), and securing the two terminal ends of the cerclage cable with the crimp by deforming the crimp with a crimp tool (21, tool of col. 4 lines 18-21, Figs. 3, 4, and 20, col. 4 lines 37-43).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify the surgical connector and its two lumens as disclosed by Fisher to be a crimp with two parallel lumens and a crimp tool as taught by Huebner in order to secure a cerclage cable (Huebner col. 1 lines 51) by deforming the crimp toward a recess to interlockingly engage the cerclage cable (Huebner col. 1 lines 45-47), i.e. to provide a known alternate surgical connector for a cerclage cable.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fisher and Huebner in view of Gephart (US 2016/0331431).
As to claim 17, the combination of Fisher and Huebner discloses the invention of claim 16 as well as deforming the crimp with a crimp tool (21, tool of col. 4 lines 18-21, Figs. 3, 4, and 39, col. 4 lines 37-43).
The combination of Fisher and Huebner is silent to cutting excess portions of the cerclage cable with a flush cutter.
Gephart teaches a similar method (Figs. 1-16) comprising: positioning a bone plate (20) over a bone having a fracture (14, Fig. 1), wherein the bone plate comprises a plurality of bone plate apertures (30, 32, 44, Fig. 1, ¶s 93 and 95); wrapping a cerclage cable (22, 24) around the bone (Fig. 1), wherein the cerclage cable comprises two terminal ends (Fig. 1); and securing the two terminal ends of the cerclage cable with a crimp (40, 41, Figs. 1 and 14, ¶s107 and 108); further comprising tightening the cerclage cable with a tensioner (122, Fig. 13, ¶s 106 and 107); further comprising cutting excess portions of the cerclage cable with a flush cutter (170, Fig. 15, ¶108).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to specify that the method as disclosed by the combination of Fischer and Huebner includes tightening the cerclage cable with a tensioner as taught by Gephart in order to tighten the cerclage cable around the bone and draw the bone plate against the bone and seat the bone plate securely against the bone (Gephart ¶106). One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify the method as disclosed by the combination of Fischer and Huebner to include cutting excess portions of the cerclage cable with a flush cutter as taught by Gephart in order to cut the cerclage cable end portion flush with a surface (Gephart ¶108) to predictably remove any excess length of cerclage cable.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMY SIPP whose telephone number is (313)446-6553. The examiner can normally be reached on Monday through Thursday, 6:30am-4pm EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kevin Truong can be reached on 571-272-4705. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/AMY R SIPP/Primary Examiner, Art Unit 3775
Prosecution Insights